More offences will be eligible for mandatory treatment orders (MTOs), where offenders undergo mental health treatment in lieu of jail time, as part of the proposed legal changes.
The MTO regime will be expanded to include certain offences where sentences can carry up to seven years of imprisonment. At present, the limit is three years.
The maximum duration of MTO sentences will also be increased from 24 to 36 months, for those who need longer treatments. Amendments will also allow the court to order offenders to receive inpatient treatment at the Institute of Mental Health.
The Ministry of Law said amendments to the community sentencing regime, which includes community service orders and day reporting orders, will provide more opportunities for non-habitual offenders to be rehabilitated while remaining in the community.
Those with previous jail terms of up to three months or a previous term of reformative training will be eligible for community sentencing, if the changes are passed.
Changes will allow offenders previously sentenced to rehabilitation centres for drug or inhalant abuse to be given community sentences if their present charge differs. However, those with multiple admissions to rehabilitation centres will not be included.
The courts can also impose a suspended jail sentence with a community sentence. Upon breach of the community sentence, the suspended sentence will kick in. This will encourage compliance with the community sentence.
Most lawyers interviewed lauded the broader approach to include a wider pool of eligible offenders and offences, and give judges greater flexibility in sentencing.
Lawyer Sui Yi Siong said: "Not all cases require a period of incarceration to satisfy sentencing objectives. In some cases, harsh punishment could cause more harm, like in cases of young offenders."
But lawyer Hamidul Haq said there must also be buy-in from the prosecution, which at times "takes a hardline approach to cases". "This will have to change. There must be a balance between punishment and allowing the accused to not face the rigours of jail time if warranted," he added.
The changes will also help victims secure compensation.
Courts have to provide explanations in cases where compensation is not ordered and can order compensation for the dependants of a victim whose death was caused by an offence. Currently, compensation can be ordered only for injury to the victim.
